They are breaking the law: An OSP must "not receive a financial benefit directly attributable to the infringing activity" to qualify for § 512(c) protection. H

They are breaking the law: An OSP must "not receive a financial benefit directly attributable to the infringing activity" to qualify for § 512(c) protection. However, it is not always easy to determine what qualifies as a direct financial benefit under the statute. One example of an OSP that did receive a direct financial benefit from infringing activity was Napster. In A&M Records, Inc. v. Napster, Inc.,[10] the court held that copyrighted material on Napster's system created a "draw" for customers which resulted in a direct financial benefit because Napster's future revenue was directly dependent on increases in user-base. Source: https://en.m.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act https://en.m.wikipedia.org/wiki/Online_Copyright_Infringemen...